SABIR MOHD. Vs. URBAN IMPROVEMENT TRUST, UDAIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 22.08.2015 passed by Civil Judge City - South, Udaipur and order dated 10.02.2016 passed by Additional District Judge No. 3, Udaipur, whereby, the application filed by the petitioner under Order XXXIX, Rule 1 and 2 CPC as well as appeal arising from the said order have been rejected respectively.

(2.) The petitioner filed a suit for permanent injunction; alongwith the suit an application has been filed for temporary injunction seeking a restraint against the respondent from proceeding against the petitioner for his eviction from the land in question.

(3.) The application was opposed by the respondent and after hearing the parties the trial court found that there was no prima facie case in favour of petitioner and, consequently, dismissed the application. Feeling aggrieved, the petitioner filed an appeal. The Appellate Court after considering the material available on record did not find any reason to interfere with the said order.